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Deepa v. Anil Panicker

Deepa v. Anil Panicker

(Supreme Court Of India)

Transfer Petition (Civil) No. 871 Of 1999 | 17-01-2000

1. The respondent husband has been served but he has not chosen to put in an appearance.

2. The transfer petition is filed by the wife. It seeks the transfer of the petition for restitution of conjugal rights filed by the husband in the Court of the Judicial Commissioner, Ranchi to a competent court in Trichur. The wife stays in Trichur. She avers that she is not employed and has no source of income. Her parents are not financially in a position to pay for her journeys to Ranchi to defend the suit. Apart from this, she cannot safely undertake a train journey of forty-eight hours or so alone or stay in Ranchi alone. These averments are not denied. It appears to us, therefore, appropriate to allow the transfer petition and transfer Matrimonial Suit No. 60 of 1999 pending in the Court of the Judicial Commissioner, Ranchi to the Matrimonial Court, Trichur.

3. No order as to costs.

Advocate List
  • For
Bench
  • HON'BLE MR. JUSTICE S.P. BHARUCHA
  • HON'BLE MR. JUSTICE S.M. QUADRI
Eq Citations
  • (2000) 9 SCC 441
  • LQ/SC/2000/114
Head Note

Civil Procedure Code, 1908 — S. 25 — Transfer of suit for restitution of conjugal rights filed by husband to a competent court in Trichur where wife stays and cannot safely undertake a train journey of forty-eight hours or so alone or stay in Ranchi alone — Justification — Hindu Marriage Act, 1955, Ss. 9 and 9-A(i) (as amended by Hindu Marriage (Amendment) Act, 1976) (Paras 2 and 3)